5 Lawsuits Filed in New York Alleging Doctor Malpractice

Ava Lawson | August 12th, 2015

doctors performing surgeryForty three year-old William McCormack of Bronxville is one of five local patients who has filed suit based on claims of surgery malpractice.

McCormack, suffering from extreme abdominal pain in 2013, was admitted to Lawrence Hospital Center where he had an appendectomy by Dr. Michael Kerin. But just one year later, McCormack began suffering from the same type of stomach pains. According to allegations, his physician at Adirondack Hospital found that his patient’s appendix had never been removed and was inflamed due to appendicitis. The plaintiff’s NY medical malpractice lawsuit cites a pathology report from Lawrence Hospital indicating that whatever mass was submitted to the department by Kerin was not an appendix.

Four other Lower Hudson Valley residents have also filed doctor malpractice lawsuits, reports The Journal News, with Dr. Kerin named defendant in three other cases. In court filings, Lawrence Hospital and Dr. Kerin have denied allegations of wrongdoing.

Surgery malpractice alleged in other claims

In their investigations of New York surgeons facing malpractice litigation, the Journal News also mentions a case brought by an Eastchester resident.  Antonio Autiero contends that he has been left with pain, significant scarring and disability after undergoing four separate surgeries with Dr. Kerin at Lawrence Hospital. The operations – intended to treat an abscess — took place over two years, claims the suit, and each time the plaintiff was left in worse condition. Dr. Kerin purportedly told his patient he would need a fifth operation in 2013, but that he could not perform the surgery since he no longer had privileges at the hospital.

Last year, plaintiff Martin Watters also took legal action against Kerin and Lawrence Hospital along with Dr. Elizabeth Rocco, who has two other malpractice lawsuits pending against her. Court records show that after the claimant was discharged from the hospital in 2012, he received ongoing treatment from Rocco and Kerin, who allegedly failed to properly treat an infection.  However, because Rocco applied for bankruptcy protection, that action has been stayed.

Additionally, Dr. Kerin is facing another malpractice claim in which a Westchester County man contends that the surgeon botched his appendectomy, and never removed the organ.

These accusations of gross medical negligence on the part of surgeons and health care providers underscore the risks posed to patients everywhere. Surgical errors and medical mistakes often prove fatal, but those who do survive owe it to themselves and their families to demand justice.

Legal help for victims of doctor malpractice

The Sanders Firm knows that it only takes one negligent action or mistake to change a patient’s life forever. If you or a loved one has been misdiagnosed, suffered the effects of a surgical error or been victimized by negligent doctors, you need an experienced New York surgery malpractice lawyer on your side. With more than four decades of trial experience, our legal team has procured millions of dollars for clients. Put our knowledge and expertise to work for you, and call us at 1-800-FAIR-PLAY to schedule a free consultation.

If legal action is warranted, we promise to fight for maximum damages to help compensate for your physical and emotional pain and suffering.  Please call us today or stop by; our offices are conveniently located in Manhattan, Brooklyn, Queens and Long Island.


  1. The Journal News, 5 local lawsuits allege surgeon malpractice cases http://www.lohud.com/story/news/investigations/2015/07/31/lohud-doctor-lawsuits/30881969/

  2. CBS New York, Bronxville Man Sues After Undergoing Second Appendectomy http://newyork.cbslocal.com/2014/04/10/bronxville-man-sues-after-undergoing-second-appendectomy/